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From our content

From our content
AGB reform: New government, new approach

The VDMA remains committed to reforming the German law on general terms and conditions. A reform of the GTC must also be the goal of legislative activities in the 2025 legislative period.

Postponement of the EUDR application deadline

Trilogue agrees to postpone the date of application of the Deforestation Regulation (EUDR) by one year to 30.12.2025

German Accessibility Strengthening Act and the engineering sector

From June 2025, new accessibility requirements will be imposed on products and services in accordance with the German Accessibility Strengthening Act. But is the law also relevant for mechanical and plant engineering?

Where does our industry stand? Results of the survey on the Data Act

The results of the VDMA-survey clearly show that there are still a lot of legal uncertainties regarding the implementation of the Data Act.

Modernize the labor market!

Competitiveness, growth and a long-term supply of labor and skilled workers require adaptability, a flexible labor market and a future-proof social security system.

Employer-relevant regulations of the EU AI Act

The Confederation of German Employers' Associations (BDA) has prepared an application paper on the provisions of the Artificial Intelligence Regulation (AI Regulation) that are relevant for employers.

Wage settlement in the M+E industry

NORDMETALL and the Bavarian Metal and Electrical Industry Association (vbm) reached a pilot agreement with the IG Metall districts on the coast and Bavaria on November 12, 2024.

New product liability directive published in the Official Journal

The new EU Product Liability Directive was published in the EU Official Journal on 18.11.2024, enters into force on the twentieth day after its publication and must be transposed into national law by 09.12.2026.

Liability for incorrect information provided by AI

A business service is fully liable for incorrect information about companies generated by AI if an error-prone system is deliberately used and responsibility for the content is assumed.

VDMA and ZVEI present current reform proposal

VDMA and ZVEI present the current reform proposal for discussion as part of the "Frankfurt Initiative for the Further Development of the Law on General Terms and Conditions".

Use of AI in the fight against corruption

The OECD Business Group Anti-Corruption Committee (BIAC) is looking for examples of AI-driven anti-corruption efforts in business practice. If you are interested, you can submit your company example by November 20, 2024.

On the calculation of damages for patent infringement

The decision of the Federal Court of Justice (BGH) of May 7, 2024 (case reference: X ZR 104/22) deals with the question of how to calculate damages for patent infringements committed in patent-free foreign countries.

Survey on collective bargaining coverage in mechanical and plant engineering

Current VDMA survey: Only 30 percent of the companies surveyed are bound by collective agreements. Companies not bound by collective agreements see too little scope for company solutions and a lack of flexibility in collective agreements.

Less bureaucracy and more legal certainty

Representatives of VDMA met with Commission officials from DG GROW, CONNECT and JUST to discuss reducing bureaucracy for SMEs, late payments, the EU Data Act and liability.

Deadline for LkSG reports extended again to 31.12.2025.

Obligation to submit the LkSG report for the 2023 financial year is again extended to 31.12.2025 by the government draft of the CSRD Implementation Act in order to avoid double reporting obligations for companies under the LkSG and CSRD.

BMAS dialog series on fair supply chains

Companies have the opportunity to participate in a BMAS dialog series on fair supply chains. The kick-off event will take place on November 11, 2024 in Berlin.

Fourth Bureaucracy Relief Act (BEG IV)

Shortening of retention periods for accounting documents.

Ruling on training AI with copyrighted works

The question of whether copyright-protected works may be used for AI training purposes is becoming increasingly important. The Hamburg Regional Court has now issued its first ruling on the use of images by an AI provider.

Tension between GDPR and commercial law

The ECJ has ruled in a preliminary ruling procedure on the conflict between the General Data Protection Regulation (GDPR) and commercial law, restricting shareholders' right to information.

Reducing bureaucracy: effects on employment law

On September 26, 2024, the Bundestag passed the Fourth Act to Reduce Bureaucracy for Citizens, Business and the Administration (Fourth Bureaucracy Reduction Act, BEG IV) at its second and third readings.

Associations oppose the labor minister's minimum wage demand

Together with other business and employers' associations, the VDMA has sent a letter to Federal Minister of Labor Hubertus Heil in which they make it clear that they reject political intervention in the setting of the minimum wage.

"Symposium New Legal Form" in October at the Bundestag

The Responsible Ownership Foundation's initiative to create a new form of limited liability company with tied assets, which was already reported on here in 2021, recently presented its plans at an event in the Bundestag.

Reduction of limitation period in GTC ineffective

A shortening of the limitation period in general terms and conditions is ineffective when covering claims for intentional breach of contract, decides the Higher Regional Court of Munich

European Commission publishes FAQs on the EU Data Act

The Commission has published the Frequently Asked Questions (FAQs) on the EU Data Act to help companies implement the Data Act.

"Artificial intelligence in the world of work" - VDMA BarCamp

On November 14, 2024, the VDMA and the Corporate Learning Community are organizing a BarCamp on the topic of "Artificial Intelligence in the World of Work" in Frankfurt am Main.

Federal Court of Justice provides guidance on notifying defects

In a decision, the Federal Court of Justice provides more detailed information on commercial notification of defects in accordance with Section 377 of the German Commercial Code (HGB).

The BPatG on the grant of patents after expiry of the patent term

According to the Federal Patent Court (BPatG), the interest in legal protection for a subsequent grant of a patent is based on the inventor's personality right.

Become active!

The new European Parliament is in place. This is a good opportunity to actively draw the attention of the new Members of the European Parliament to the bureaucracy surrounding the posting of workers.

EU Data Act – Where does our industry stand?

The VDMA is conducting a survey among its member companies on the state of implementation of the EU Data Act.

Whistleblower Directive implemented in all EU member states

Poland is the last EU member state to transpose Directive EU 2019/1937 (Whistleblower Directive) into national law.

Collective bargaining coverage by law?

In a public position paper, the German Trade Union Confederation (DGB) calls for an increase in collective bargaining coverage through legal measures.

Lawyer does not have to provide blanket information about insolvency risk

If instructed lawyers have no knowledge of the imminent insolvency of the defendant, they do not have to warn their client about it. The OLG Düsseldorf rejects a general obligation to investigate.

Survey on the transparency register

Until August 16, 2024, you can take part in a survey by the Federal Statistical Office to determine the compliance costs of the Transparency Register and Financial Information Act (TraFinG).

Facilitated enforcement of foreign court judgments in the UK

United Kingdom ratifies the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (Hague Convention)

"Googling" triggers information obligations

"Googling" as part of a recruitment process triggers information obligations towards the applicant and can lead to a claim for compensation.

Unequal pay must be presented in a verifiable manner

With regard to the principle of equal pay, the employer must provide verifiable evidence of the criteria for unequal pay.

Unauthorized charging of a hybrid vehicle

Charging a hybrid vehicle without permission can have consequences under employment law.

Can an AI be considered an inventor under patent law?

The question of the patentability of a machine-generated invention has repeatedly arisen in the past. This question has now been answered by the Federal Court of Justice in a recent decision (BGH, decision of 11.06.2024, ref. X ZB 5/22).

Requirements for joint responsibility within the Group

No fine against the parent company: Joint responsibility does not already exist in the case of a fundamental strategic decision and the establishment of a subsidiary.

AI Act published in the official EU Official Journal

The European Artificial Intelligence Act was published in the Official Journal on July 12, 2024.

"Joint Purchasing Agreement“ for Licenses

For the first time, the German Federal Cartel Office has reviewed plans for the joint negotiation of patent licenses and considers this to be permissible.

Works council remuneration: New requirements adopted

On July 5, 2024, the Federal Council approved the Second Act Amending the Works Constitution Act. This means that the more specific regulations on the remuneration of works council members can come into force.

TDDDG & DDG instead of TTDSG & TMG

As part of the implementation of the Digital Services Act at national level, among other things, certain digital laws have been renamed. This may lead to necessary changes for companies.

AGB law as international mandatory law

German law on the control of general terms and conditions is one of the regulations that also apply if the parties to the employment contract have made a choice of law in favor of a foreign legal system.

Requirements for advertising with "climate neutrality reference"

The marketing of products with environmental characteristics such as "climate neutrality" is in vogue. The Federal Court of Justice has now issued a ruling on this (BGH, judgment of 27.06.2024 - I ZR 98/23), which is also likely to have an impact on the B2B sector.

Chemicals: Collective wage agreement reached

BAVC and IGBCE have agreed on a two-stage wage package that guarantees companies planning security until the first quarter of 2026.

Fine of € 16 Million for Deleted WhatsApp Messages

Companies must cooperate with antitrust authorities during dawn raids. Even supposedly small mistakes can have expensive consequences.

Verification Act: Cabinet clears the way for text form!

At its meeting on 19.06.2024, the Federal Cabinet adopted a formulation aid for the Fourth Bureaucracy Relief Act (BEG IV).

Focus on applicant data and recruiting

Digitalization and the increasing use of artificial intelligence (AI) do not stop at application processes.

IG Metall: 7 percent for 12 months as a recommendation

The Executive Board of IG Metall published its recommended demands on 17.06.2024.

Our expert and focus topics

Our expert and focus topics
GTC reform
Companies depend on legally secure contractual regulations. The restrictive application of German law on general terms and conditions (GTC) prevents this - resulting in great legal uncertainty and liability risks.
Labor Market
Competitiveness, growth and job security require adaptability, value creation based on the division of labour and a flexible labour market. Digitalisation requires modern framework conditions for Work 4.0.
Labor law
Whether it be short-time work, service contracts, working shifts or home office, the parameters for modern work and flexible crisis measures are changing continuously.
EU Data Act
The EU Data Act reorganises data traffic between companies. The aim of the European Commission is to promote the creation of data spaces in Europe and enable new digital business models. The consequences are far-reaching and represent both an opportunity and a risk.
Home Office
For many employees, working in a home office is a completely new situation that has caught them very unprepared due to the pandemic. This raises a host of practical and legal issues.
Competitiveness for Europe and Germany
The VDMA is calling for good framework conditions for the mechanical engineering industry to ensure competitiveness. Technological sovereignty and European cooperation are crucial for innovation and independence.
European Policy
Europe is the home market for the machinery and equipment manufacturing industry, one of the largest industrial sectors in the EU economy. VDMA therefore stands for a competitive EU.
Europe and China
The perception of China in Germany and Europe has changed in recent years. Firstly, China is an important economic partner and also of significant importance for the German mechanical engineering sector. On the other hand, there is growing recognition at economic and political level in Germany and the European Union (EU) that the existing imbalance with China, for example in market access, is no longer acceptable.
Plant Engineering
Mechanical and plant engineering companies from all over Europe are involved in the VDMA. Mechanical engineering is a familiar term to many, but what characterizes plant engineering?

Level 1 Themenwolke

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To the point

To the point

Auf den Punkt Zitat Legal

"There's no more time to lose!"

Bertram Kawlath, VDMA President

Auf den Punkt Zahl Legal

70

percent

of VDMA member companies are not bound by collective agreements.

Source: VDMA

Auf den Punkt Zusammenfassung Recht

Summary
New EU Product Liability Directive significantly tightens liability

The following measures will adapt product liability law to the digital age and modern risks and close the corresponding liability gaps:

  • Extension of the product definition to include all types of software and digital design files
  • Expansion of the circle of liable economic actors
  • Extension of the definition of damage to include data loss
  • Existence of producer responsibility as long as the producer still has control over the product
  • Change in the distribution of the burden of proof in favor of injured parties and introduction of an obligation to disclose evidence

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Guides, leaflets, and more for our members: The "focus Recht" series and other publications from the Legal department address members' legal queries clearly and comprehensibly.
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We provide sample contracts specific to the mechanical engineering sector as well as general terms and conditions for Germany and abroad - to ensure the legal protection of your business transactions.
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The legal department at the VDMA consists of a team of lawyers specializing in the capital goods industry. Here you will receive individualized legal input - competently, quickly and at no additional cost, tailor-made for the mechanical engineering sector.
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In our working groups, we share current information and enable specialist discussions. Topics covered by the working groups include plant construction law, labor law, compliance management and industrial property protection.

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Annual Report of the Legal Department
The current annual report of the Legal Department has been published. Member companies can download it here.

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3,600 primarily medium-sized member companies in the capital goods industry make the VDMA the largest industrial association in Europe and the most important network organization in the industry.

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